SA11 Further Information Flashcards
What may the court do if it wishes to obtain further information from a party?
Under Part 18.
The court may at any time order a party to—
a) clarify any matter which is in dispute in the proceedings; or
b) give additional information in relation to any such matter,
Whether or not the matter is contained or referred to in a statement of case.
What two things must a party do where the court makes a request for further information?
a) File his response
b) Serve it on the other parties
Within the time specified by the court.
What should a party do if it requires further information from another party?
Before making a Part 18 application for a court order,
The party seeking clarification/ information should serve a written request for that clarification/ information stating a date by which the response to the Request should be served.
A Request should be:
* Concise and
* Strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case/to understand the case he has to meet.
The date must allow the second party a reasonable time to respond.
How must a request from one party to another for further information be set out?
What must a response to the request include?
a) be headed with the name of the court and the title and number of the claim,
b) in its heading state that it is a Request made under Part 18, identify the first party and the second party and state the date on which it is made,
c) set out in a separate numbered paragraph each request for information or clarification,
d) where a Request relates to a document, identify that document and (if relevant) the paragraph or words to which it relates,
e) state the date by which the first party expects a response to the Request.
A reply should follow the same rules. Should deal with no other matters than the response. It must be in writing, dated and signed by second party/their legal rep. Verified by a statement of truth.
What factors must the court have regard to when deciding whether to make a Part 18 order?
a) The likely benefit which will result if the information is given; and
b) The likely cost of giving it; and
c) Whether the financial resources of the party against whom the order is sought are likely to be sufficient to enable that party to comply with such an order.
What statement should appear in the claim form about the value of the claim?
If C expects to recover >£100k (jurisdiction of the HC).
When calculating the value of a claim, should the value of a claim in contributory negligence be deducted?
No
